Keith Mack
Deferred Action for Childhood Arrivals (DACA) is an immigration policy that allows certain individuals who entered the U.S. as children, without documentation, to receive a renewable two-year period of deferred action from deportation. DACA recipients may also be eligible for employment.
DACA recipients who break the law may face termination of their DACA status and possible deportation. DACA recipients who leave the U.S. without first obtaining an advance parole document run a significant risk of being unable to re-enter the country.
DACA has been the subject of legal challenges since its inception, with critics arguing that it is unlawful and unconstitutional. In 2023, a federal district court in Texas found the DACA regulation unlawful, and this decision was upheld by the Fifth Circuit Court of Appeals in 2024. The case is now pending in higher courts, and there is currently a freeze on the granting of initial DACA requests.
| Characteristics | Values |
|---|---|
| DACA status | Remains valid until it expires, unless individually terminated |
| Renewal requests | Being accepted and processed |
| Initial DACA requests | Being accepted but not processed |
| Work authorization | Being accepted and processed |
| DACA litigation | Ongoing |
What You'll Learn
DACA renewals are still being processed, but initial applications are not
DACA, or Deferred Action for Childhood Arrivals, is a United States immigration policy that allows certain individuals who entered the country as children, and have since continuously resided there, to receive a renewable two-year period of deferred action from deportation.
If your DACA renewal is delayed, you can take several steps to follow up on your application, such as checking your case status online, submitting an “outside normal processing time” inquiry, or contacting the USCIS Ombudsman's office.
On the other hand, if you are a first-time applicant, you can still submit your initial DACA request by mail. However, due to recent court rulings, USCIS will not process or approve these initial applications at this time. This means that while you can apply, you will not receive a decision on your application until further notice.
It is important to note that DACA does not provide a path to citizenship or permanent lawful status. Additionally, breaking DACA laws, such as providing false information on your application, can result in serious consequences, including fines, imprisonment, and removal proceedings.
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DACA recipients can continue to request Advanced Parole
When applying for Advanced Parole, DACA recipients should consult with a legal service provider to assess their risk and eligibility based on their legal situation. Certain factors, such as prior immigration court cases, contact with the criminal legal system, multiple prior entries to the U.S. without permission, or immigration-related fraud, can increase the risk of being denied entry upon return.
The application process for Advanced Parole involves submitting Form I-131, along with supporting documents and the required fee, to U.S. Citizenship and Immigration Services (USCIS). It is recommended to apply more than six months before the desired travel date, as processing times can vary. DACA recipients should also be aware that travelling outside the authorized parole dates or with expired DACA authorization can lead to difficulties in renewing DACA.
Additionally, there are potential implications for future immigration status that DACA recipients should consider. For example, travelling on Advanced Parole may positively impact future green card applications for those who initially entered the U.S. without inspection. On the other hand, there is a risk of being subject to a permanent bar or needing a waiver for future re-entry if deemed inadmissible due to criminal justice system contact.
Overall, while DACA recipients can continue to request Advanced Parole, it is important to carefully evaluate the risks, eligibility requirements, and potential implications for future immigration status before initiating the application process.
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DACA does not provide a path to citizenship
Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows some individuals who were physically present in the United States with no lawful immigration status after having entered the country as children, to receive a renewable two-year period of deferred action from deportation and to be eligible for an employment authorization document (work permit).
DACA recipients do not have lawful status and are not accruing lawful presence time while in this deferred action status. However, they are considered to be lawfully present in the United States.
To qualify for DACA, applicants must meet the following requirements:
- Have unlawful presence in the United States after entering the country before their 16th birthday
- Have lived continuously in the United States since June 15, 2007
- Were under the age of 31 as of June 15, 2012
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS
- Had no lawful status on June 15, 2012
- Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
- Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
While DACA does not provide a path to citizenship, it may be possible for some DACA recipients to get green cards and then naturalize as American citizens. For example, a DACA recipient who entered the country lawfully with a valid U.S. visa may be able to petition for an immigrant visa if they have an immediate relative with U.S. citizenship or lawful permanent residence.
Additionally, DACA recipients who have entered the country unlawfully, without a valid immigrant visa, can meet the lawful entry requirement through Advance Parole. Advance Parole travel documents allow DACA recipients to travel abroad and lawfully re-enter the U.S., after which they may become eligible to apply for a green card.
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DACA recipients are not a law enforcement priority
DACA recipients are also not a law enforcement priority because they are considered to be lawfully present in the United States. This means that they do not accrue unlawful presence during the period of deferred action. However, it is important to note that deferred action does not confer lawful immigration status upon an individual.
Additionally, DACA recipients are considered to be "low priority" individuals with good behavior. This means that they are not considered to be a threat to national security or public safety. To be eligible for DACA, individuals cannot have felonies or serious misdemeanors on their records.
Finally, DACA recipients are not a law enforcement priority because the program is designed to provide protection from deportation. The program allows eligible individuals to receive a renewable two-year period of deferred action from deportation and to be eligible for an employment authorization document (work permit). This means that DACA recipients are not at risk of deportation and are allowed to live and work in the United States temporarily.
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DACA recipients are not eligible for federal welfare or student aid
DACA, or Deferred Action for Childhood Arrivals, is a United States immigration policy that allows certain individuals who entered the country as children, and were physically present in the United States on June 15, 2012, to receive a renewable two-year period of deferred action from deportation. It also makes them eligible for an employment authorization document (work permit).
DACA students will need a Social Security number (SSN) to complete the FAFSA, although their parents are not required to have one. While the FAFSA asks for the parents' SSNs, it won't ask if the parents are citizens. Parents without an SSN should use the number "00-00-0000" instead. Even though undocumented immigrants often have an Individual Taxpayer Identification Number (ITIN), they cannot use that in place of an SSN.
DACA and other undocumented students do not qualify for federal financial aid, including federal student loans and grants. However, DACA students may be eligible for state- or college-based aid. Many of these programs use information from the FAFSA to determine financial aid eligibility. Without the FAFSA, DACA students may not qualify to receive need-based or merit-based aid.
State-based financial aid comes from the student's state of residence rather than from the federal government or a private organization. State-based aid can come through grants, tuition reductions, or scholarships. State aid can be both merit- and need-based.
College-based financial aid comes directly from funds allocated by the college in question. Colleges offer a wide range of scholarships that can be both need- and merit-based.
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Frequently asked questions
Breaking DACA laws can result in the termination of your DACA status and possible deportation. It is important to note that DACA does not provide lawful immigration status, and any misrepresentation or fraud in your application can have serious consequences.
To be eligible for DACA, you must have entered the US before reaching your 16th birthday, resided continuously in the US since June 15, 2007, and been under the age of 31 as of June 15, 2012. Additionally, you must have no lawful immigration status as of June 15, 2012, and at the time of your DACA request. You also need to be currently enrolled in school, have graduated from high school, obtained a GED, or been honorably discharged from the military. Finally, you cannot have been convicted of a felony or multiple misdemeanors, and you must not pose a threat to national security or public safety.
You can renew your DACA status by submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and Form I-765, Application for Employment Authorization, along with the required fees and supporting documentation. It is recommended to submit your renewal request between 120 and 150 days before your current DACA status expires.
Travelling outside the US without obtaining advance parole can interrupt your continuous residence and affect your DACA status. If you wish to travel, you must apply for an advance parole document by filing Form I-131 and paying the applicable fee. Travel for leisure is not considered a valid purpose for advance parole.
